Timaru HRC 26 April 2011 – R 1
ID: JCA14056
Meet Title:
Timaru HRC - 26 April 2011
Meet Chair:
RMcKenzie
Meet Committee Member 1:
PRosanowski
Race Date:
2011/04/26
Race Number:
R1
Decision:
The charge was found proved.
Penalty:
Mr Thomas was fined the sum of $200.
Charge:
Excessive use of the whip
Facts:
Following the running of Race 1, Equine Veterinary Services Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Horseman, Mr B M Thomas, alleging a breach of Rule 869 (2) (a) in that Mr Thomas, as the driver of SUNBRITE in the race, “used his whip in an excessive manner in the run home”.
Mr Thomas was present at the hearing of the information, assisted by Open Horseman Mr G D Smith, and he indicated that he admitted the breach. The breach was found proved accordingly.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Submissions for Decision:
Mr Ydgren showed a video replay of the final 300 metres of the race. He pointed out SUNBRITE, driven by Mr Thomas, racing 3-wide upon entering the home straight. Mr Thomas then pulled the horse out and commenced using his whip. Mr Ydgren alleged that Mr Thomas had used his whip approximately 22 times in the run home. When asked by the Committee, Mr Thomas stated that he did not dispute that allegation.
Mr Ydgren said that, to Mr Thomas’ credit, there were “a couple of pauses” but 22 times was too many.
Mr Smith, on Mr Thomas’ behalf, said that he had driven the horse himself previously and he described it as “very unmotivated”. As soon as you stopped driving him, he gives up, Mr Smith said. He said that it was a difficult decision for a junior driver to cease using the whip once he had used the whip on a couple of occasions to keep the horse going.
Submissions for Penalty:
Mr Ydgren referred the Committee to the starting point of a $250 fine for a breach of the Rule in terms of the Penalty Guide. Mr Thomas has been driving in races since August 2010 and in the season to date has had 32 drives. He has not previously breached the whip Rule, Mr Ydgren said.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Thomas’ admission of the breach and his previous good record.
The Committee was satisfied that the appropriate penalty, taking those matters into account and also having regard to other penalties imposed for breaches of the Rule where the breach was admitted and the defendant had a clear record, was a fine of $200.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 9233bb7735d162a286ade372ff684644
informantnumber: 67907
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 14/04/2011
hearing_title: Timaru HRC 26 April 2011 - R 1
charge:
Excessive use of the whip
facts:
Following the running of Race 1, Equine Veterinary Services Trot, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Horseman, Mr B M Thomas, alleging a breach of Rule 869 (2) (a) in that Mr Thomas, as the driver of SUNBRITE in the race, “used his whip in an excessive manner in the run home”.
Mr Thomas was present at the hearing of the information, assisted by Open Horseman Mr G D Smith, and he indicated that he admitted the breach. The breach was found proved accordingly.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren showed a video replay of the final 300 metres of the race. He pointed out SUNBRITE, driven by Mr Thomas, racing 3-wide upon entering the home straight. Mr Thomas then pulled the horse out and commenced using his whip. Mr Ydgren alleged that Mr Thomas had used his whip approximately 22 times in the run home. When asked by the Committee, Mr Thomas stated that he did not dispute that allegation.
Mr Ydgren said that, to Mr Thomas’ credit, there were “a couple of pauses” but 22 times was too many.
Mr Smith, on Mr Thomas’ behalf, said that he had driven the horse himself previously and he described it as “very unmotivated”. As soon as you stopped driving him, he gives up, Mr Smith said. He said that it was a difficult decision for a junior driver to cease using the whip once he had used the whip on a couple of occasions to keep the horse going.
reasonsfordecision:
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Ydgren referred the Committee to the starting point of a $250 fine for a breach of the Rule in terms of the Penalty Guide. Mr Thomas has been driving in races since August 2010 and in the season to date has had 32 drives. He has not previously breached the whip Rule, Mr Ydgren said.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Thomas’ admission of the breach and his previous good record.
The Committee was satisfied that the appropriate penalty, taking those matters into account and also having regard to other penalties imposed for breaches of the Rule where the breach was admitted and the defendant had a clear record, was a fine of $200.
penalty:
Mr Thomas was fined the sum of $200.
hearing_type: Hearing
Rules: 869 (2) (a)
Informant: N M Ydgren, Stipendiary Steward
JockeysandTrainer: B M Thomas, Licensed Junior Driver
Otherperson: G D Smith, Licensed Open Driver
PersonPresent:
Respondent:
StipendSteward:
raceid: 6422fa4264b59989ee28767a9ff9bdeb
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 121bb33de9a3341eb7badbb516e5c187
meet_expapproval: approved
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/04/2011
meet_title: Timaru HRC - 26 April 2011
meet_expappcomment:
meet_km: [{"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "PRosanowski", "Member": "", "OtherExpenses": "0", "KMs": "360", "Total": "223.2", "kmprice": 223.19999999999999, "Approved": "on"}]
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: PRosanowski
meet_pm2: none
name: Timaru HRC